As we all know, overdue credit cards will be recorded in personal credit information, which will affect future applications for credit cards and loans. However, materialistic, fickle, it is inevitable that everyone can't control it for a while, and spend it without money to pay back the credit card.

Will the credit card be enforced by the court?

If the credit card is overdue, the bank will notify the repayment first. If the credit card fails to repay for more than three times, the bank will sue me, as follows:

If the payment is overdue for more than three months or the bank makes more than two reminders, the bank will freeze your card, list you as a prohibited customer (blacklist), and will also sue you for credit card fraud and malicious overdraft, which will be enforced by the court. If you refuse to repay the loan after prosecution, and the amount owed exceeds 1 000, the court will impose a sentence on the crime of credit card fraud according to Article 196 of the Criminal Law!

Article 196 of the Criminal Law stipulates that in any of the following circumstances, if a large amount of credit card fraud is committed, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Malicious overdraft is the main risk form in credit card business and a part of credit card fraud.

Will court enforcement freeze credit cards?

According to the judgment or ruling of the court. The party's credit card funds are within the scope of executable property.

code of civil law

Article 242 If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.

When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.

Article 243 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.

When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.

Article 244 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained.

The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.

Provisions of the Supreme People's Court on the Seal-up, Seizure and Freezing of Property in Civil Execution by People's Courts.

(Fa Shi [2004] 15)

Article 1 When the people's court seals up, distrains or freezes the movable property, immovable property and other property rights of the person subjected to execution, it shall make an ruling and serve it on the person subjected to execution and the person applying for execution.

If the measures of seizure, seizure or freezing need the assistance of the relevant units or individuals, the people's court shall make a notice of assistance in execution and send it to the person assisting in execution together with a copy of the ruling. The ruling of sealing up, distraining and freezing and the notice of assistance in execution shall take legal effect when served.

The above is the content that credit cards will not be enforced by the court.

Legal objectivity:

Article 264 of the Criminal Law of People's Republic of China (PRC) 68 Whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "